It's just a typo?

Authority Land Title and Survey Authority

Karen complained to our office about the Land Title and Survey Authority (LTSA). She provided us with a title search printout that read “corrected” next to the tenancy type for the property. She believed that the LTSA had “corrected” the tenancy type by changing it from joint tenancy to tenants in common without notifying her as to why it had done this. As tenants in common, this meant that on her husband’s death she was not able the transfer his half of the property directly into her name. Instead, her husband’s half became part of the estate and subject to estate taxes.

We investigated whether the LTSA provided Karen with adequate reasons for changing the tenancy type on her property. When we contacted the LTSA we discovered the LTSA had not changed the tenancy type on her property. She and her husband had never owned the property as joint tenants. Instead, they had purchased their property as tenants in common and had never applied to transfer the property into a joint tenancy. However, the LTSA had made a typographical error on a copy of her land title certificate which led Karen to believe they held the property as joint tenants. Once the LTSA became aware of the typographical error, the registrar “corrected” it in the register as permitted under section 383 of theLand Title Act the true state of the title. The correction did not affect the type of legal tenancy that Karen and her husband had always held.

The LTSA had communicated this information to Karen’s notary but it had never told her directly about the error or the correction assuming her notary would tell her. The typographical error clearly caused Karen grief and misunderstanding. Although the tenancy type was not what Karen wanted and the LTSA could not change it, the LTSA did acknowledge its typographical error and apologized to her.

Category Housing and Property
Type Case Summary
Fiscal Year 2012
Location The North